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2009 DIGILAW 350 (SC)

In Re: Banarasidas Chandiwala Estate v. ABC

2009-02-18

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA, P.SATHASIVAM

body2009
JUDGMENT : Suo Motu Contempt Petition (C) No. 204 of 2008 in I.A, No. 2178 and 2179 in W.P. (C) No. 4677 of 1985. 1. Let a copy of the report of the Monitoring Committee (Report No. 65) dated 16th February, 2009 be supplied to learned counsel appearing for Banarasi Chandiwala Estate. Reply, if any, shall be filed within two weeks and a copy be supplied to learned Amicus Curiae, so that the views of the Monitoring Committee, if any, can be ascertained. 2. Learned counsel appearing for Banarasidas Chandiwala Estate states that fresh affidavit in relation to the suo motu contempt action shall be filed during the course of the day. 3. List the matter tomorrow. I.A. Nos. 2263-2264A 4. Learned counsel for the applicant wants to withdraw these LAs stating that if the occasion so arises fresh application shall be filed. 5. LAS are disposed of accordingly. I.A. Nos. 2313-2314/2008: 6. Learned counsel for the petitioner prays to withdraw these applications. 7. LAs are disposed of accordingly. I.A. Nos. 2350/2008: 8. Learned counsel for the petitioner wants to obtain further instructions in these LAs. 9. Call after two weeks. I.A. Nos. 2360-2361: 10. None appears to press these LAS. 11. LAs. are dismissed accordingly. I.As. Nos. 2362-2363/2008: 12. Let a copy of the report, so far as it relates to I As., of the Monitoring Committee be supplied to learned counsel appearing for DDA so that the response, if any, be filed within two weeks. 13. Call after two weeks. I.A. Nos. 2364-2365: 14. Let a copy of the application be supplied to Union of India, Ministry of Urban Development. Learned Amicus Curiae shall file his response. I.A. Nos. 2332-2333: 15. Issue notice. 16. Learned Amicus Curiae shall file his response along with the response of MC D within three weeks. 17. Call thereafter. I.A. Nos. 2301-2302: 18. The premises which have been undisputedly sealed be de-sealed for a period of three weeks so that articles can be removed. 19. LAs are disposed of. I.A. No. 2366/2008: 20. Let response be filed by the Monitoring Committee within three weeks. 21. Put up thereafter. I.A Nos. 2358-2359/2008: 22. Let an affidavit be filed before the Monitoring Committee that no commercial activity shall be carried out in the premises. The Monitoring Committee shall examine the same and pass necessary orders. 23. LAs are disposed of. I.A. Nos. 2353-2354: 24. Let response be filed by the Monitoring Committee within three weeks. 21. Put up thereafter. I.A Nos. 2358-2359/2008: 22. Let an affidavit be filed before the Monitoring Committee that no commercial activity shall be carried out in the premises. The Monitoring Committee shall examine the same and pass necessary orders. 23. LAs are disposed of. I.A. Nos. 2353-2354: 24. Issue notice. 25. Let NDMC.file its response to the application within three weeks. 26. Call thereafter. LA. No. 2352: 27. The prayer for bringing on record addl. documents is accepted. 28. Let NDMC file response within two weeks. I.A. Nos. 2208-2209/2008: 29. Call after two weeks. I.A. Nos. 2372-2373/2008: 30. Let reply be filed by the Monitoring Committee within two weeks. 31. Put up thereafter. I.A. Nos. 2344-2347/2008 32. None appears to press these applications. 33. LAs. are dismissed for non prosecution. Report No. 63 and 66: 34. Copies of the report No. 66 sofar as the progress of sealing is concerned be handed over to learned counsel appearing for MCD. Reply to report No. 63 and 66 be filed within two weeks. A copy of the report so far as it relates to encroachment of land at Minto Road and Mata Sundri road is concerned, copy be supplied to learned counsel appearing for MCD, Delhi Government and Union of India, NDMC and DDA so that immediate action can be taken for removing unauthorised occupants so that the parties to whom the land was allotted can be effectively carried out. Call after four weeks. 35. The response of the Delhi Government to the report of EPC A dated 19th April, 2008 be filed within one week. Further affidavit by other parties, if any, in relation to the affidavit be filed within a week thereafter. 36. Call after two weeks.